appeal contending
that the deceased was a person travelling on the mudguard of the
tractor and the Insurance Company is, therefore, not liable. The
Tribunal ... must be taken to be available for a person
travelling on the mudguard also. The defence was that the driver did
not have a valid
Front Wheel Mudguard Damaged vs State" Crl. Rev. Petition on 25 July, 2016
IN THE COURT OF MS. SAUMYA CHAUHAN,
METROPOLITAN MAGISTRATE, WEST ... scooter Ex.PW6/F shows the
following damages:-
1. Front wheel mudguard damaged.
2. Front body frame damaged.
3. Head light damaged.
4. Right
Applicant that
the deceased Mohanbhai was traveling by siting on the
mudguard of the Tractor as an unauthorized passenger. It
is further submitted that ... deceased was traveling in the Tractor by siting on the
mudguard of the tractor is clearly established however,
the Tribunal has materially erred in allowing
turtle causing injury to respondent No. 1, who was sitting on the
mudguard of the tractor and suffered an injury in his spine which
rendered ... tractor...."
Therefore, the risk of passenger travelling on the mudguard,
which is not a place for sitting on tractor is not covered
cross- examination of
Narasimhappa shows that he was sitting on the mudguard
of the tractor and also the evidence clearly establish that
they were ... liability of the persons who
suffers injuries by traveling on the mudguard or any other
attachment fixed to the tractor. Therefore, he contends
that
Tribunal has assigned the reason that the
claimants were sitting on the mudguard and hence, it is
infraction of terms and conditions of the Insurance ... evidence on
record it is proved, that the claimants were sitting on
mudguard of the tractor. Hence, the person who sits on
the mudguard
Tribunal has assigned the reason that the
claimants were sitting on the mudguard and hence, it is
infraction of terms and conditions of the Insurance ... evidence on
record it is proved, that the claimants were sitting on
mudguard of the tractor. Hence, the person who sits on
the mudguard
been
asserted that the deceased was sitting on the mudguard of the offending
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Neutral ... been
nowhere stated that the deceased was sitting on the m
mudguard of the
tractor. On the contrary, he has stated in the FIR that
sitting on the left mudguard of the tractor whereas Sultan Singh was sitting on
the right side of the mudguard. As a result of this ... Company liable to pay
compensation, as the claimant was sitting on the mudguard of the tractor at the
time of the incident. He contends that
attached
with a Harvester Machine by sitting on the mudguard of the Tractor and
due to rash and negligent driving of the driver ... permitting the deceased Kannammal and
few others to sit on the mudguard of the Tractor, the third respondent/
owner of the vehicle violated the terms
